Category Archives: Criminal
Appellate counsel’s opinion that there are no meritorious issues that can be raised in the appeal. As such, must be honest and frank with the court regarding the merits, or lack of merit, of any case being litigated before the court. “If counsel finds his case to be wholly frivolous, after a conscientious examination of … Read More
The penalties for white collar crimes include payment of heavy fines and restitution and long jail sentences
If a defendant is convicted of any of the listed “specified unlawful activities” referred to in § 1956(c)(7) and §1957(f)(3), just about anything they do with the money they obtain as a result of the putative criminal activity can be considered money laundering (promoting, concealing, spending) under § 1956 and/or § 1957
Money laundering involves an effort by a person or persons to conceal the existence, illegal source, or illegal application of income, and disguising that income to make it appear legitimate.
The government must prove beyond a reasonable doubt that each defendant had a ‘deliberate, knowing, specific intent to join the conspiracy
A conspiracy is considered a separate and distinct offense from the underlying substantive offense contemplated by the conspiracy
A defendant may file a collateral proceeding trying to set aside his or her conviction based on, among other things, ineffective assistance of counsel, within 2-years of the conclusion of any direct appeal in a non-capital case, and 1-year in a capital case.
Under Florida law a defendant has 30-days to file a direct appeal of his or her criminal conviction and sentence.